Nothing contained in this chapter shall be construed to restrain the power of any court to issue a writ of habeas corpus when necessary to bring before them any prisoner for trial, in any criminal case lawfully pending in the same court, or to bring any prisoner to be examined as a witness in any action or proceeding, civil or criminal, pending in such court, when they think the personal attendance and examination of the witness necessary for the attainment of justice.
History: Laws 1884, ch. 1, § 35; C.L. 1884, § 2046; C.L. 1897, § 2816; Code 1915, § 2624; C.S. 1929, § 63-136; 1941 Comp., § 25-1136; 1953 Comp., § 22-11-36.
Meaning of "this chapter". — The term "this chapter" appeared in the original act, which was divided into three unnumbered divisions, to-wit: habeas corpus, §§ 1 to 36; mandamus, §§ 37 to 50; prohibition, §§ 51 to 56; and apparently referred to §§ 1 to 36, the operative provisions of which are compiled as 44-1-1 to 44-1-22, 44-1-25 to 44-1-37 NMSA 1978.
Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
